Case Law

The Court of Cassation, with its ruling no. 16253 of 29 July 2020, expressed its opinion on the applicability of the “mitigated” reinstatement protection (with employment re-establishment and compensation up to a maximum of 12 months’ salary) in cases with no underlying cause for dismissal for objective justified reasons. Facts The case in question originates ....

The Court of Trent, with its ruling no. 86 of 2020, re-examined the issue of so-called “double remuneration” of workers whose employment changes hands due to a company sale, if such transfer is declared unlawful. The case law orientation on this issue has been in conflict for a long time. According to a recent ruling ....

The Court of Justice of the European Union, with its judgement of 16 July 2020 ruled on case C-610/18, and established that the actual “employer” should be considered the company that exercises authority over an employee, bears the corresponding wage cost and possesses the actual power to dismiss the employee, and not the company that ....

With an order dated 1 July 2020, the Court of Treviso has stressed that the setting up of the internal Committee pursuant to article 13 of the Shared Protocol dated 14 March 2020 (subsequently updated last 24 April) for the implementation and the check of the rules established therein within the workplace must take place ....

Within the scope of urgent preliminary ruling procedures, the Court of Mantua, with order No. 1054 of 26 June 2020, ruled for the very first time on the necessary conditions to be met in order for a parent having a child younger than 14 years old to be entitled to remote working pursuant to article ....